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2021 Supreme(Mad) 1789

K.MURALI SHANKAR
S. Selvi – Appellant
Versus
R. Subramani – Respondent


Advocates Appeared:
For the Appellant : M.V. Venkatesan for S. Vellaichamy
For the Respondents: V. Perumal

ORDER :

K. Murali Shankar, J.

1. These revisions are directed against the impugned orders passed in CMP. Nos. 1758, 1759 and 2561 of 2016 in C.C. Nos. 57, 72 and 91 of 2016 by learned Judicial Magistrate, Fast Track Court @ Magisterial Level, Karur, filed under Section 243(2) Cr.P.C. r/w. Section 45 of the Indian Evidence Act, 1872 to send the disputed cheques to the Forensic Science Department for expert opinion.

2. The petitioner is an accused in the cases filed under Section 138 of the Negotiable Instruments Act before the Trial Court. Pending trial, the petitioner by invoking Section 45 of the Indian Evidence Act, filed petitions to send the disputed cheques to the Forensic Science Department for comparison of the petitioner signature and the handwritten matters contained in the cheques and for an expert opinion. The trial Court, after enquiry, has passed the impugned orders dismissing the said petitions. Aggrieved by the said orders, the petitioner has come forward with the present revisions.

3. At the outset, the learned counsel appearing for the petitioner would submit that the trial Court has failed to understand the very prayer sought for by the petitioner.

4. A cursory perusal

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